No Comment — May 21, 2010, 12:58 pm

New U.K. Government Opens Formal Torture Inquiry

How does a newly elected government concerned about civil liberties and the accountability of its predecessor react to credible claims that intelligence operatives were involved in the torture of prisoners? Britain’s new foreign secretary, Conservative William Hague, shows the way. The Guardian:

A judge will investigate claims that British intelligence agencies were complicit in the torture of terror suspects, William Hague, the foreign secretary, said tonight. The move was welcomed by civil liberties campaigners and may put pressure on the Labour leadership candidate and former foreign secretary David Miliband, who was accused by Hague, while in opposition, of having something to hide. Miliband has repeatedly rejected the accusation and broadly indicated that he or his officials may have been misled by foreign intelligence agencies about the degree of British complicity.

Hague’s remarks appear to have caught the Foreign Office by surprise, as no details were yet available on how the inquiry will be conducted, its terms of reference or when it will start work. Hague will come under pressure to ensure the inquiry is public and comprehensive. He first called last year for an independent judicial inquiry into claims that British officials had colluded in the torture of Binyam Mohamed, the former Guantánamo detainee and a UK resident. Mohamed claimed that he was tortured by US forces in Pakistan and Morocco, and that MI5 fed the CIA questions that were used by US forces.

The usual issues will surround the inquiry. Will immunity be offered for testimony? Will the proceedings be open to the public? What judge will be tapped to handle it?

Notwithstanding the Guardian’s suggestion of surprise, this development was widely anticipated. Hague, while serving as shadow secretary, sharply criticized Miliband over his management of the torture issue. In a recent ruling, some of Britain’s most senior judges suggested strongly that they were also highly dissatisfied with the government’s statements on the subject, which they characterized as misleading. It’s clear that the Labour government was engaged in the same sort of dissembling about torture that marked the Bush Administration, using wiggle words with secret meanings. If the truth is now to emerge, it serves the public interest in Britain, just as it would serve the U.S. public interest, for it to emerge from a detached and depoliticized process–so the formal judicial inquiry is the appropriate tool, just as a commission of inquiry would be for the United States.

The new coalition Conservative-Liberal government in Britain is slowly revealing its hand. A number of commentators have wondered how these two parties could mount a consensus program, given that they seem to represent the extremes of the parliamentary spectrum. However, British parliamentary history points to some significant common ground–especially in the Old Whig tradition of the late eighteenth and early nineteenth centuries. The Old Whigs put a premium on personal freedom and endorsed a moderate, steady reform agenda. Their greatest spokesman, Edmund Burke, emerged as a hero to later generations of Conservatives (many of whom are shocked to learn that he was actually not just a Whig but at times a sharp critic of the Conservatives). As Andrew Sullivan has recently argued, the emerging program of the Cameron-Clegg government in fact highlights a revival of civil liberties. It should therefore come as no surprise that the government now moves decisively to do what its Labour predecessor sharply resisted: a comprehensive formal investigation of torture allegations. At this point, no issue is more fundamental to the civil liberties agenda. The Obama Administration should watch and learn a bit about how a modern democracy approaches the question of accountability for torture.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

December 2016

With Child

= Subscribers only.
Sign in here.
Subscribe here.

Standing Rock Speaks

= Subscribers only.
Sign in here.
Subscribe here.

Prose by Any Other Name

= Subscribers only.
Sign in here.
Subscribe here.

The New Red Scare

= Subscribers only.
Sign in here.
Subscribe here.

Separated at Birth

= Subscribers only.
Sign in here.
Subscribe here.

The Priest in the Trees

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
With Child·

= Subscribers only.
Sign in here.
Subscribe here.

"She glanced across the waiting room at a television playing a birth-control ad and laughed darkly. 'Jesus, Lord, it would be so nice if someone just pushed me down a flight of stairs.'"
Photograph (detail) by Lara Shipley
Article
Swat Team·

= Subscribers only.
Sign in here.
Subscribe here.

"As we shall see, for the sort of people who write and edit the opinion pages of the Post, there was something deeply threatening about Sanders and his political views."
Illustration (detail) by John Ritter
Article
Escape from The Caliphate·

= Subscribers only.
Sign in here.
Subscribe here.

"When Matti invited me on a tour of the neighborhood, I asked about security. 'The message has already been passed to ISIS that you’re here,' he said. 'But don’t worry. I guarantee I could bring even you in and out of the Islamic State.'"
Photograph (detail) by Alice Martins
Article
In This One·

= Subscribers only.
Sign in here.
Subscribe here.

"She glanced across the waiting room at a television playing a birth-control ad and laughed darkly. 'Jesus, Lord, it would be so nice if someone just pushed me down a flight of stairs.'"
Illustration (detail) by Shonagh Rae
Article
“Don’t Touch My Medicare!”·

= Subscribers only.
Sign in here.
Subscribe here.

"Medicare’s popularity, however, comes with almost no understanding of what the program is and how it works."
Illustration (detail) by Nate Kitch

Rank of Richard Nixon masks among the top U.S. costumer’s best-selling political masks over the last five years:

1

A small meteorite injured an adolescent German.

It was reported that House Minority Leader Nancy Pelosi called Trump to discuss issues relating to women and families, and Trump handed the phone to his daughter.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Who Goes Nazi?

= Subscribers only.
Sign in here.
Subscribe here.

By

"It is an interesting and somewhat macabre parlor game to play at a large gathering of one’s acquaintances: to speculate who in a showdown would go Nazi. By now, I think I know. I have gone through the experience many times—in Germany, in Austria, and in France. I have come to know the types: the born Nazis, the Nazis whom democracy itself has created, the certain-to-be fellow-travelers. And I also know those who never, under any conceivable circumstances, would become Nazis."

Subscribe Today